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Mr. AnilKumar Poddar Versus M/s. Darshan Securities Pvt. Ltd. and Others

2016 (12) TMI 1096 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI

Qualification for seeking inspection - Inspection of Member Register from the date of incorporation of the Company till date and last Annual Returns - Held that:- Looking at the submissions it is an admitted position that this petitioner is not a shareholder in any of the Companies nor did he claim any commercial interest in any of these Companies, therefore, this petitioner, as rightly stated by the Respondent counsel, is not entitled to file these Petitions claiming for the section 163 permits .....

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163 to seek inspection and copies thereof, the effect of section 610(B) of the Act 1956 has not been dealt with.Accordingly, these Petitions are hereby dismissed making it clear that this petitioner is not qualified to file these petitions under section 163 of the Companies Act 1956. - TCP No. 5/2013, TCP No. 7/2013 & TCP No. 9/2013 - Dated:- 7-11-2016 - B.S.V. Prakash Kumar and V. Nallasenapathy, JJ. COMMON ORDER The Petitioner filed these three Company Petitions against different Companies, na .....

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this Bench has decided these three cases on merits basing on the pleadings and submissions made by the Respondent Company by invoking Rule 48 of N.C.L.T r/w Explanation to Rule 2 and Rule 3 of Order 17 of C.P.C. The petitioner being common in all these Petitions, their reliefs being common, the counsel appearing on behalf of the Respondents being common, the pleadings in all these three Cases not being in variance, for the sake of brevity, this Bench hereby passed common order in all these Petit .....

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panies failed to provide copies of the same. He further submits that the Company being involved in insider trading, to save the culprits involved in insider trading, the Company has not provided copies till date as asked by him. He says that the Company has indulged in gross irregularities in maintenance of Members Register, therefore, he has asked for copies of the same for the Company is under statutory obligation to furnish the documents to the petitioner within 10 working days form the date .....

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quired to provide either inspection or copies of any of the documents sought by the petitioner. The Respondent Companies submit that this petitioner has filed these petitions claiming that he, though not a shareholder, is entitled to seek these reliefs as any other person, since Section 163 confers right upon "any other person" to seek inspection and supply of the documents on payment of fees as mandated under Section 163 of the Act. The Respondents counsel submits that phrase "an .....

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Company. The only difference between Member or debenture holder and "any other person" is, first category of persons are entitled for inspection without fee and as to second category 'any other person', is entitled to inspection on payment of fee as prescribed. For the sake of payment only, it was split into (a) and (b). Since many other persons, apart from Member and debenture holder, are happened to have commercial interest in a Company, such as Banker, Creditor, customer, et .....

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Memorandum of Association, Articles of Association, Register, Index, Balance sheet, Return or any other document maintained in the Electronic form is available to any person as specified in the Rules. Since the Section being subsequently included in the year 2006 by making most of the documents of the Company available to the public for inspection, this Petitioner need not bother the Company or this Tribunal for seeking this relief by filing this petition. Since Section 610(B) starts with a non- .....

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any of the listed Companies claiming that he is entitled to inspection under Section 163 or Section 219 of the Companies Act 1956. This issue has come up several times before various High Courts, in one of the cases filed by him, the Hon'ble High Court of Calcutta passed an order in Philips Carbon Black Limited and Others V/s A.K. Poddar and Another (2011)163 Company Cases 181holding that the Company Law Board can refuse to pass an order if the request is for corrupt purpose, if the requisit .....

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